scholarly journals ALGORITHM OF ACTIONS OF AUTHORIZED OFFICIALS OF THE SES DURING STATE SUPERVISION (CONTROL)

Fire Safety ◽  
2021 ◽  
Vol 38 ◽  
pp. 12-17
Author(s):  
O. Miller ◽  
A. Kharchuk
Keyword(s):  
Fire Safety ◽  
The State ◽  
Executive Power ◽  
Practical Implementation ◽  
Civil Protection ◽  
Basic Principles ◽  
Safety Requirements ◽  
State Management ◽  
State Supervision ◽  
Internal Affairs

Introduction. The concept of the SES stipulates that officials exercising state supervision (control) are obliged to detect and prevent violations of fire and technogenic safety requirements established by law [14]. Іn such situations, he bears full responsibility for violation of the requirements of fire, technogenic safety established by the legislation.Purpose. To propose an algorithm of actions of authorized officials during state supervision (control) in the field of technogenic and fire safety during the practical implementation of the provisions of the Civil Protection Code of Ukraine (further- the CZU Code) and the Law of Ukraine "On Basic Principles of State Supervision (Control)" Dated April 5, 2007 (further- Memorandum № 877).Methods. Analysis of existing regulations governing the implementation of state supervision (control) in the field of tech-nogenic and fire safety and its practical implementation by authorized officials of the SESResults. Ways to improve the activities of state supervision (control) in the field of fire and technogenic safety and the powers of officials to implement it are considered. The main directions of implementation of preventive measures by state supervision bodies are given. The necessity of using a new approach to the state management of fire, technogenic safety and civil protection is highlighted. Conclusion. Order of the Ministry of Internal Affairs of Ukraine "On approval of the Instruction on registration of materials on administrative offences and recognition as invalid of some orders of the Ministry of Internal Affairs of Ukraine" from 27.07.2016 № 725 should be supplemented with a clause on the interaction of article 185-14КУпАП. "Creation of obstacles in the activity of authorized officials of the central body of executive power, which implements the state policy on state supervision (control) in the field of fire and technogenic safety, related to conducting inspections".  

scholarly journals The legal status of the Ministry of Interior in the system of state bodies of the Russian Empire

2019 ◽  
Vol 2019 (3) ◽  
pp. 28-34
Author(s):  
Мария Колядная ◽  
Maria Kolyadnaya
Keyword(s):  
Detailed Analysis ◽  
Legal Status ◽  
The State ◽  
Basic Principles ◽  
State Management ◽  
State Administration ◽  
Internal Affairs ◽  
The Russian Empire ◽  
State Body

The article is devoted to the consideration of the Ministry of Internal Affairs work during the second half of the XIX – early XX centuries as a key body of state management. For the studied period (55 years) there were no any spheres of state and public life that would not be affected by the Ministry. Different functions ranging from its direct tasks – fighting with crime – to internal affairs issues of the state were concentrated in the Ministry work. Special attention is paid to the study and detailed analysis of the legal status of the Ministry of internal Affairs, drawn up on the basis of determination of the position of the Ministry of internal Affairs among other ministries of equal order and in the system of state administration as a whole; in terms of its broad competence, based on the basic principles of its activities and the analysis of a number of normative legal acts, which in total determine the legal status of the state body. The changes in the structure of the Ministry of internal Affairs related to the rapidly changing political situation were noted, the functions performed by the Ministry were clearly considered, and it was made an attempt to substantiate the determination of the Ministry’s place in the system of state administration as a key link on the basis of a detailed analysis of its legal status.

scholarly journals Express method of assessment of compliance of the object of supervision with fire safety requirements

2021 ◽  
pp. 29-35
Author(s):  
Sergey E. Mordvinenko ◽  
Aleksandr V. Ershov ◽  
Denis S. Pikush
Keyword(s):  
Decision Making ◽  
Fire Safety ◽  
Human Life ◽  
Fire Risk ◽  
The State ◽  
Express Method ◽  
Managerial Decision ◽  
Managerial Decision Making ◽  
Safety Requirements ◽  
Method Of Assessment

Introduction. The paper considers the new requirements for the activities of the state fire supervision bodies. The ways of solving the problems arising during the implementation of these innovations are given. One of such solutions is the developed by the authors algorithm of the express method for assessing the compliance of the object of supervision with fire safety requirements. The article analyzes the work of inspectors of the state fire supervision during inspections of low-rise retail facilities of small area, taking into account the time spent on them, and the work of the inspector using a new express method of conducting inspections. Problem Statement. The purpose of the study is to increase the efficiency of managerial decision-making in ensuring fire safety based on the criterion of "fire risk", taking into account the minimum fire safety requirements determined by the calculation. Conclusions. The developed algorithm for supporting managerial decision-making on the compliance of the protection of commercial facilities with fire safety requirements will allow inspectors of the state fire supervision during inspections to assess the existence of a threat to human life and health and decide on further actions depending on the presence or absence of this threat.

scholarly journals ACTUAL QUESTIONS OF STATE REGULATION OF FIRE SAFETY IN UKRAINE

Fire Safety ◽  
2020 ◽  
Vol 35 ◽  
pp. 49-53
Author(s):  
O. Miller ◽  
I. Harchuk
Keyword(s):  
European Union ◽  
Fire Safety ◽  
State Regulation ◽  
Executive Power ◽  
Regulation System ◽  
The European Union ◽  
Excessive Pressure ◽  
State Supervision ◽  
National Wealth ◽  
European Standards

In the framework of Ukraine's foreign policy on integration with the European Union (hereinafter referred to as the EU), by pursuing the necessary reforms, our country is gradually and persistently approaching European standards in the field of civil protection. Therefore, the problems of fire safety in Ukraine are of particular relevance. Nowadays, they are interconnected and interdependent with the problems of economic, social, technogenic and environmental danger - unsatisfactory fire situation in our country forces the relevant authorities and organizations to work for the prevention and prevention of fire threats, for the protection of life and health of people, national wealth and the environment. The article reveals a number of shortcomings in the fire safety regulation system in Ukraine, in particular, the inconsistency of domestic experience with the standards and norms of the European Union and international bodies, the outdated paradigm of inspection and risk assessment on a scale, excessive pressure of state supervision (control) on entrepreneurs (control) imperfection of the insurance services market, lack of interest of some state bodies of executive power in the state policy of deregulation, low level of responsibility of objects of protection of requirements the gamut of fire safety.

IMPROVEMENT OF MECHANISMS OF PUBLIC ADMINISTRATION IN FIELD OF FIRE SAFETY AS A COMPLEX NATIONAL SECURITY

2018 ◽  
Vol 1 (12) ◽  
pp. 80-93
Author(s):  
Sergey Georgiyovych Bugaytsov ◽  
Vasyl Anatoliyovych Shoyko
Keyword(s):  
National Security ◽  
Fire Safety ◽  
Emergency Situation ◽  
Legal Framework ◽  
State Regulation ◽  
The State ◽  
Industrial Facilities ◽  
State Management ◽  
Independent Expert ◽  
State Governance

The article describes the objects of administrative influences from the position of development of the sphere of fire safety. Mechanisms of state management of the fire safety sphere in Ukraine are investigated. The main causes of fires in Ukraine are identified according to experts. Proposals have been made on the necessary changes to the law of Ukraine “On the Fundamentals of National Security of Ukraine”. The proposed scientific and theoretical foundations of mechanisms for the implementation of state governance in the field of fire safety. It was determined that the state should always act as a reliable guarantor of mandatory liability of organizations operating hazardous industrial facilities, establish criteria for determining the amount of financial security for civil liability for damage caused by an emergency situation related to the occurrence of a fire; introduction of scientifically sound approaches to the assessment of fire damage with the involvement of independent expert organizations; development of the regulatory and legal framework for the implementation of supervisory functions and ensuring the responsibility of managers of enterprises (institutions, organizations) and executive authorities in the field of fire safety. At the same time, it is justified that the main indicators in the state regulation should be considered: the frequency of fires, losses, the costs of measures to prevent and eliminate emergencies associated with the occurrence of a fire and prevented damage. It is specified that the understanding of the importance of fire safety as a priority component of national security is not very deep in our opinion, is also due to the fact that the losses that result from the occurrence of fires are not always properly calculated. In our opinion, the calculations of only a set of known losses can not expose all the costs that the state and society bear on the results of fires. The most obvious example is the consequences of a fire in the forest.

scholarly journals Subjects and objects of public administration in the sphere of fire safety in Ukraine

2018 ◽  
Vol 5 (11) ◽  
pp. 31-43
Author(s):  
S. V. Govorun
Keyword(s):  
Public Administration ◽  
Fire Safety ◽  
Safety Management ◽  
Legal Regulation ◽  
The State ◽  
Civil Protection ◽  
Current State ◽  
Prescriptive Model ◽  
The Subject

The article analyzes the current state of the normative and legal support of the activity of public administration bodies in the field of fire safety of Ukraine. Their place, role and functions in providing fire safety, the need for further regulation and improvement of regulatory and legal regulation in this field are considered in order to optimize the work of state bodies in the field of fire safety of Ukraine, eliminating duplication of their functions. The subjects and objects of public administration in the field of fire safety in Ukraine, which are enshrined in normative-legal acts, are analyzed. It’s proposed to make changes to the system of the current legislation in Ukraine in the field of fire safety, in particular the Code of Civil Protection of Ukraine (2012) and constructed a prescriptive model of the subject-object legal relations of the state fire safety management.

scholarly journals MODERNIZATION OF THE SYSTEM OF STATE SUPERVISION AND CONTROL IN UKRAINE

Fire Safety ◽  
2020 ◽  
Vol 36 ◽  
pp. 95-100
Author(s):  
O. Miller ◽  
A. Harchuk
Keyword(s):  
Public Relations ◽  
Fire Safety ◽  
Safety Management ◽  
State Regulation ◽  
The State ◽  
Leading Role ◽  
State Supervision ◽  
Fire Insurance ◽  
Domestic Practices ◽  
And Control

In modern conditions, the problems of fire safety in Ukraine become especially important. A significant increase of fires that have occurred in the country recently, have led to deaths and injuries and significant material damage. In this case, the introduction of modern effective methods of fire safety is particularly acute. The article shows main attention to significant shortcomings in the system of state regulation of fire safety in Ukraine, especially: lack of effective state supervision and control, non-compliance of domestic practices with standards and norms of high-educated countries, underdeveloped market of insurance services in the field of fire insurance. However, the no interest of the state, as well as individuals and legal entities in the use of risk-oriented approach with economic leverage in the form of an appropriate insurance system, lack of remote control by the state over business activities, low level of fire safety. The leading role in ensuring supervision and control belongs to the state itself, which must combine state and public beliefs and coercion, by applying to public relations appropriate measures provided for in the functioning of fire safety management.

scholarly journals Interaction Between the Contractual and Legal Department of the Ministry of Internal Affairs of Russia and Subdivisions of Legal Support of Territorial Internal Affairs Agencies

2020 ◽  
Vol 12 ◽  
pp. 72-75
Author(s):  
Anastasia I. Kotlyar ◽  
Keyword(s):  
Law Enforcement ◽  
Organizational Structure ◽  
Central Office ◽  
The State ◽  
Additional Research ◽  
Executive Power ◽  
Service Areas ◽  
The Law ◽  
Internal Affairs

The Ministry of Internal Affairs of Russia is one of the main bodies of executive power that implements the law enforcement function of the state. The highest level of the organizational structure of the internal affairs bodies is represented by the Central Office of the Ministry of Internal Affairs of Russia, which, in the person of its structural divisions, manages and organizes activities in certain service areas, which subsequently oversees. Interaction and assistance by the higher legal unit to the lower legal levels of the law enforcement system allows us to implement the tasks assigned by the state at the highest level. However, at the present time, in this direction, there are a number of features that need additional research and regulatory regulation.

scholarly journals The balance of the rights and official duties of the Internal Affairs Bodies’ officer: legislative regulation and practical implementation

2021 ◽  
Vol 2021 (1) ◽  
pp. 179-185
Author(s):  
Oleg Kulik
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
The State ◽  
Practical Implementation ◽  
Legislative Regulation ◽  
Priority Direction ◽  
Service Conditions ◽  
Internal Affairs ◽  
Intended Use

One of the priority direction of the personnel work in the Ministry of the Internal Affairs of Russia today is to ensure the intended use of personnel and except the cases of assigning the excessive official duties to the officers of the internal affairs bodies that are not related to their posts. At the same time, much attention is paid to the implementation of the officers’ rights, aimed not only at the successful realization of law enforcement functions, but also have a compensating, stimulating nature. In this regard, the target of the article is to point out the dependence between the effectiveness of the internal affairs officers work, the satisfaction with their service conditions and the balance of their rights and official duties. The state of this balance and the possibility of its change are reflected in the main legislative and other regulatory legal acts establishing the legal status of internal affairs bodies’ officers. In addition to the analysis of the listed documents, the article separately considers the procedure of compiling and using job regulations (job instructions) as documents directly regulating official activities. The result of the research is the recommendations for amending the regulatory legal acts and improving the organizational foundations, which allow providing the balance of the officers’ rights and service duties.

scholarly journals INSTITUTE OF PRE-EMPTION AND MEDIATION IN ENSURING THE RIGHTS OF INDIVIDUAL ENTREPRENEURSHIP SUBJECTS: PRACTICE AND PROSPECTS

2019 ◽  
Vol 3 (88) ◽  
pp. 177
Author(s):  
Anna Rozhkova
Keyword(s):  
Preventive Measure ◽  
The State ◽  
Legal Consciousness ◽  
Government Control ◽  
Government Officials ◽  
Public Authorities ◽  
Basic Principles ◽  
State Supervision ◽  
Individual Enterprise ◽  
Public Rights

This paper is devoted to the issues of using prevention institutes and the mediation in rights ensuring institute of individual enterprise in the sphere of the control by public authorities. The aim of the research is to analyze the peculiarities of practice to use the methods of inspection by the state supervision agency in order to ensure the rights of    individual enterprise’s subject. The aim of the research is linked to the contradictory problems during the implementation of inspection’s legal nihilism of government officials’ right treatment during of inspections and possible essential risks for IE and effect lowering of rights securing. The novelty of the work is expressed in topicality and justification of the prevention institute in order to minimize the risks to ensure the legal consciousness and the rights of individual enterprise. According to this aim several tasks have been solved and as result some basic principles have been formulated and the conclusions were drawn. More precise definitions were provided to the understanding of distinction “government control” and “checking” via the assistance of intercommunication establishment through the general and special principles of material and procedural mutual concern, which are topical for an individual enterprise owing to minimization of administrative risks. Having been based the efficacy of Institute of prevention as the method of preventive measure and influence on the behavior of the characters of individual enterprise. So in sphere of rights ensuring of characters of Individual enterprise the principles of conclusive reasons for conducting preliminary verifications was suggested. The efficiency of the mediation institute in the sphere of public rights was justified.

Legislation on administrative responsibility for violation of fire safety: Analysis of changes over the past decade

2015 ◽  
Vol 9 (1) ◽  
pp. 42-56
Author(s):  
Владилен Татарян ◽  
Vladilen Tataryan ◽  
Елена Татарян ◽  
Elena Tataryan
Keyword(s):  
Fire Safety ◽  
The State ◽  
Federal State ◽  
Historical Period ◽  
Federal Law ◽  
Safety Requirements ◽  
The Social ◽  
Administrative Procedures ◽  
Administrative Code ◽  
Administrative Responsibility

This article analyzes the federal law on administrative responsibility for violation of fire safety requirements. The authors, in particular, studied and analyzed in detail the federal laws, which the legislator over the last decade that made very substantial changes and additions to the relevant articles of the Administrative Code (the Administrative Code), as well as considered the changes that have occurred with these norms, the regularities and the correlation between the legislative wording and the social, economic and political changes taking place in a specific historical period of development of the state. The authors make proposals for the development of this legislation, to simplify its use for law enforcers, to clarify the meaning of legal wording. The process of fundamental reform of federal legislation providing for responsibility for the violation of fire safety requirements, has not yet been completed, but because the current deputies of the sixth convocation of the State Duma of the Russian Federation together with the scientists and administrative officers of the Federal State supervising the fire safety laws have yet to resolve a number of contentious issues and conflicts, related to the proper application of the relevant administrative procedures.

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